15.1.8.100 Miscellaneous

(a) Local government cooperation agreements. The Authority may enter into an agreement, which shall provide for local government cooperation, with the governing body of any locality within which a Housing project will be situated.

(b) Housing policies. The Authority shall prepare policies required by federal law or as needed to effectively and efficiently administer Housing. These policies shall be available for review by HUD, the Council, Tribal Administration and tribal members.

(1) All federal laws governing conflict of interests within housing programs receiving federal financial assistance apply to the Authority and its Board members, officers, employees, and agents. The Board shall establish a conflict of interest policy that complies with federal law.

(2) In addition to the conflict of interest provisions under applicable federal law as stated in section 1.10 (c) (1), a Board member, officer, employee, and agent shall not, during their tenure and for one year thereafter:

(A) participate in any activity that competes with the Authority or deprives the Authority of business;

(B) allow business dealings on behalf of the Authority to be influenced (or appear to be influenced) by personal or family interests;

(C) accept or solicit gifts, loans, favors or other valuables from any person or entity for the privilege of doing business or proposing to do business with the Authority;

(D) accept or solicit bribes, payments, personal loans, kickbacks, special privileges or services from any person or entity, or give or offer any of these to any person or entity;

(E) engage in outside activities that interfere with their responsibilities to the Authority;

(F) use the Authority's name to perform any outside activities;

(G) solicit or distribute while at work any literature, pamphlets, or other materials that are not contrary to the views or purposes of the Authority;

(H) obtain a personal or financial interest or benefit from the Authority's activities. This prohibition shall apply to persons with whom a Board member, officer, employee, or agent has a business or immediate family relationship; or

(I) engage in any other activity, including, but not limited to, discussions, meetings, and decision-making, in which Board member, officer, employee, or agent has a personal or private interest that interferes with or appears to interfere with their ability to perform their responsibilities fairly, ethically, and consistent with the Authority's best interests.

(3) Every Board member, officer, employee, and agent shall disclose all actual and potential conflicts of interest to the Board, and unless allowed under federal or tribal law, remove themselves from participation in any discussion or action regarding the matter in which the Board member, officer, employee, or agent has an actual or potential conflict of interest.

(d) Any violation of section 1.10 c. constitutes misconduct for purposes of section 1.6(f).

(e) Section 1.10 (c)(3). does not apply to the following circumstances:

(1) the acquisition of any interest in an Obligation issued in connection with any Housing;

(2) the execution of agreements by banking institutions for the deposit or handling of funds in connection with Housing or to act as trustee under any trust indenture;

(3) utility services rates that are fixed or controlled by a governmental agency; or

(4) members of the Board or employees of the Authority who acquire an interest in Housing as a tenant or homebuyer on the same basis as other tenants and homebuyers, so long as there is no conflict of interest under tribal law, the Board member or employee has made a public disclosure of the nature of the assistance to be provided and the specific basis for the selection of the Board member or employee, and a copy of the disclosure is provided to HUD before the assistance is provided.

(f) Compliance with federal law. Each Housing project developed or operated under a contract providing for federal financial assistance, including block grants, shall comply with all requirements of the contract and applicable federal law and regulations.

(g) Operation of Housing. The Authority shall construct, operate, and use funds generated by its Housing activities to further the purpose of providing decent, safe, and sanitary Housing for Tribal Members.

(h) Taxes.

(1) All other persons and entities doing business with the Authority, including construction contractors, are subject to applicable Pueblo taxes.

(i) Exemption from execution or other judicial process. All personal and real property of the Authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the property nor shall any judgment against the Authority be a charge or lien upon the property. However, the provisions of this subsection (i) shall not limit the right of any Obligee to pursue any remedies for the enforcement of any pledge or the right of HUD or a funding source to pursue any remedies conferred upon it pursuant to the provisions of this Act, or the rights of the Authority or other party to bring eviction or foreclosure actions in accordance with section 1.7 b (13).

(j) Exception to low-income requirement. For purposes of this Act, the Authority may provide Housing assistance or activities to individuals or families who are not low-income to the extent that such assistance or activities are not prohibited by applicable law or a funding source.